Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29841 of 2019 Applicant :- Laxman Opposite Party :- State Of U.P.
Counsel for Applicant :- R.L. Verma, Chandra Bhushan Verma Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri R.L. Verma, learned counsel for the applicant, Sri Mohd. Shoaib Khan, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Laxman with a prayer to release him on bail in Case Crime No. 369 of 2018, under Sections 307, 504, 506 I.P.C., Police Station- Sindhauli, District- Shahjahanpur, during pendency of trial.
It is argued by the learned counsel for the applicant that according to prosecution version, on 05.08.2018, at about 8:30 p.m., when the informant was sitting at the door of his house, at that time, the accused persons, namely, Room Singh, Harendra Singh including the applicant came there in a drunken condition and started using filthy languages. When the informant objected the same, then the co-accused - Room Singh opened fire at him with the intention to kill by the country made pistol due to which the injured has sustained injuries. It is next submitted that the in the statement of the injured also no role of causing injury to the injured has been assigned to the applicant. He has falsely been implicated in the present case. The applicant is languishing in jail since 17.02.2019. The applicant has no criminal history except in the present case. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 25.7.2019 Priya